H.B. No. 3513
AN ACT
relating to the creation of the Corpus Christi Aquifer Storage and
Recovery Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8811 to read as follows:
CHAPTER 8811. CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8811.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Corpus Christi Aquifer
Storage and Recovery Conservation District.
Sec. 8811.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Kleberg, Nueces, and San
Patricio Counties created under and essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution. The
district is created to develop and protect municipal aquifer
storage areas created by the City of Corpus Christi.
Sec. 8811.003. CONFIRMATION ELECTION NOT REQUIRED. An
election to confirm the creation of the district is not required.
Sec. 8811.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the city limits of
the City of Corpus Christi and include:
(1) property owned by or under contract to the City of
Corpus Christi in Nueces and Kleberg Counties; and
(2) in San Patricio County, property owned by or under
contract to the City of Corpus Christi and bounded on the west by
Interstate Highway 37 and U.S. Highway 77, on the north by the
metropolitan planning organization boundary, on the east by County
Road 2849, and on the south by the city limits of the City of Corpus
Christi.
Sec. 8811.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 36, Water Code, applies
to the district.
Sec. 8811.006. CREATION OF GROUNDWATER CONSERVATION
DISTRICTS IN SAN PATRICIO COUNTY. (a) This chapter does not
preclude the creation of a groundwater conservation district in San
Patricio County.
(b) A groundwater conservation district created in San
Patricio County may not limit or restrict the district from
recovering water stored by the district in a municipal aquifer
storage area in the district, even if the municipal aquifer storage
area is also located in the groundwater conservation district.
(c) To the extent that the boundaries of the district and a
groundwater conservation district in San Patricio County overlap,
the power and authority of the two districts are joint and
coextensive.
(d) The district and land in the district are exempt from
taxes and fees imposed by a groundwater conservation district
created in San Patricio County.
[Sections 8811.007-8811.020 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8811.021. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Except as provided by Subsection (c), directors serve
staggered four-year terms.
(c) The initial directors shall draw lots to determine which
three directors shall serve four-year terms that expire at the end
of the calendar year four years after the effective date of the Act
creating this chapter, and which two directors shall serve two-year
terms that expire at the end of the calendar year two years after
the effective date of the Act creating this chapter.
Sec. 8811.022. APPOINTMENT OF DIRECTORS. The Corpus
Christi City Council shall appoint the directors.
Sec. 8811.023. VACANCY. If a vacancy occurs on the board,
the board may appoint a director to serve the remainder of the term.
Sec. 8811.024. OFFICERS. The board shall annually elect
officers. The officers must be confirmed by the Corpus Christi City
Council.
[Sections 8811.025-8811.050 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8811.051. AQUIFER STORAGE AND RECOVERY PROJECTS. The
district may implement and develop aquifer storage and recovery
projects.
Sec. 8811.052. MUNICIPAL AQUIFER STORAGE AREAS IN SAN
PATRICIO COUNTY. The district may not allow more water to be
recovered from a municipal aquifer storage area in San Patricio
County than the amount of water stored by the district at the
municipal aquifer storage area.
Sec. 8811.053. TAXES AND BONDS PROHIBITED. The district
may not impose a tax or issue bonds.
Sec. 8811.054. EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3513 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3513 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor